Immigration QA

  My translation service friends have been in my mind lately. Not sure why, maybe because a recent case required both an Arabic and French document translation.  From time to time I enjoy a chuckle from a funny interpreting experience some years ago. The matter involved an urgent need for spoken Gujarati, and no professional service was immediately available. I asked a local aide society if they could find someone who spoke Gujarati, and they heartily agreed.  When the interpreter arrived he spoke beautiful Gujarati with my client. Small problem: he couldn’t speak a word of English back to me!  Basic lesson: make sure your interpreter is fluent in BOTH languages! Lol!

BREAKING: President Trump has just signed an executive order suspending all new, out of country, H1B visas (tech workers and some doctors), as well as H2B visas (seasonal agricultural workers), L visas (intracompany transfers, mainly tech), and J visas (doctors and hospitality/exchange students). At the moment it expires at the end of 2020, but will certainly go to court as with the prior refugee and “Muslim” bans. https://www.whitehouse.gov/presidential-actions/proclamation-suspending-entry-aliens-present-risk-u-s-labor-market-following-coronavirus-outbreak/

I WAS RECENTLY ASKED THE FOLLOWING QUESTION: I just got back EAD card yesterday for my Post Completion OPT and within 90 days, if I don't get a job, then I'll be deported. My boyfriend is a US citizen and we are planning to get married. I was wondering if I can still stay in the country if we get married since I'm not sure if I have to leave after 90 days if I can't find a job. How does this work? Can I still stay in the US and also can I work as well?  ANSWER: In the past there was little chance for deportation for such a simple violation. However recent memos from the administration have threatened issuance of a Notice to Appear (NTA) in a Removal proceeding for even OPT and other student visa violations.  Please note, it shouldn’t be difficult to fulfill the 90-day job requirement, because unpaid internships and even self-employment count, as long as all other requirements are also met.  To your question of a marriage green card, you would simplify you...

Much discussed H1B lottery pre-registration process announced. It was expected. Today the USCIS officially announced that, starting next H1B season, not this H1B season, there will be a pre-selection sign up instead of the traditional post-April 1 application submission lottery.  In addition, it announced a major shift in how Masters Degree candidates are selected, by giving priority to masters cap applications after the lottery’s conducted, as opposed to  selecting them in their own lottery process. Mathematically, this is tantamount to giving an approval edge to applications with masters degree candidates. Here is our prior discussion on the pros and cons of this pre-selection process:  Pros and Cons of H1B Pre-Registration Here is the announcement:  H1B Pre-Selection Proces Announcement . Also, here's the hit song from Kim Wilde in honor of H1B Pre-selection's final arrival:

How many violations in this post can you guess? It seems the immigration scammers become bolder every day. Today I came across this little gem posting for indentured servitude amongst the foreign student population. And why not?  As I said before in previous posts about IT consultant abuse , there are no prevailing wage requirements for foreign student trainees like there is for H1B visa workers. However, this erstwhile recruiter forgot the U.S. has another area of law that governs fair labor for everyone. For fun, how many violations in this post can you guess? So, in the spirit of Jeopardy and honoring Alex Trebeck, here are the "questions": 1) What is a maximum age requirement? 2) What is hiring someone from a specific immigration category? 3) What is inducement into prohibited work arrangements? 4) What is the requirement of work authorization before a job offer? For verification of these violations and more, you can visit the   USCIS expla...

The recent USCIS memo explaining unlawful presence rules in the context of F1 student status has reverberated through the legal community It has also posed many questions.  I posit here that the memo is aimed primarily at curbing Day 1 abuses. Attorneys across the country are reporting their clients are receiving RFEs investigating past maintenance of F1 status, including past enrollment of OPT, CPT and Day 1 CPT in particular.   Maintaining valid status is a requirement of changing to a new status such as work and most categories of permanent residence.  The H1B petitions submitted by Chaudhary Law Office are not in premium processing and thus early in the application process, so we have not gotten any RFEs  as yet.  We expect that we will and anticipate similar requests for proof of status during our clients’ student days. But, the increase in RFEs, plus the new unlawful presence memo, point to one thing: If you are not enrolled in CPT properly, for EXAMP...

Squeeze / skwēz/:    a state of forcing oneself or being forced into a small or restricted space. The government has started the squeeze on OPT.  It looks like 3rd party staffing as well as remote work situations for OPT trainees are either completely out, or, restricted enough to eliminate practical benefit to IT staffing "companies" using foreign IT students.   Now, this may not be too much of a disruption for entities following the spirit of OPT as a training program.  After all, it is called OP- T , not OP- W , because it is for training experience and not intended to serve as a back-door work program.  But some entities will see a major roadblock in the way they've been doing business, and it seems USCIS is concerned most with these companies in its  January 24, 2018 Update .  The IT staffing "consultancies," especially the one guy LLC who collects billable hours by passing Java and Sharepoint resumes, through his apartment...

Today I answered the following concern : “My company just today told me they will not be filing for H-1B this year for me. My STEM OPT expires in Jun-2018. I will have to find another job in time for filing H-1B now.” ANSWER : It’s disappointing learn at the last minute that an employer declines to file your H1B petition, particularly after what was presumably loyal service through one’s STEM OPT, which can last up to three years. In the IT industry at least, this is a lifetime! It reminds me of the Soup Nazi episode from Seinfeld. Customers at a New York soup cafe would stand dutifully in line, but one error in store protocol would result in them being thrown out of the store. The owner would yell, “No soup for you!” In Seinfeld, dejected soup customers could find lunch elsewhere, no doubt a disappointingly substandard lunch to the amazing soup they hope for. Nonetheless, their palate would be sated. When an employer repays dutiful employment during your l...

Foreign students should carefully follow the rules for early program withdrawal, and understand implications. If you are a student on an F-1 visa, there is no penalty to withdraw from your program of study, as long a certain requirements are met. A designated school official (DSO) has the authority to permit "authorized early withdrawals" to a foreign student's F visa status in extenuating circumstances. This includes a temporary absence or withdrawal from school due to a family emergency, personal matter or another circumstance that calls for the student to leave the United States prior to their program’s completion.  If an F student is granted authorized early withdrawal, or a permitted temporary absence from their course of study, they are permitted a 15-day grace period to depart the United States. F students who are granted an authorized early withdrawal, but do not depart the country within the 15-day grace period, are in violation of their student vis...

Recently I answered the following question: "I am planning to come to the U.S for my Masters in Electrical Engineering.  But, based on the political climate surrounding STEM OPT and CPT, possible revocation by Trump, and general negative mood toward foreign students, should I still come? I do have other options (Canada and Germany)." Answer: Immigration, like politics, moves in cycles. There are myths as well.   Actually, it was Obama who cracked down on H1B’s, and abruptly removed some school accreditations leaving many innocent students stranded without options. Despite many negative actions, Trump has actually discussed merit-based immigration, which bodes well for the skilled and educated.  The point is:  Who knows!  OPT aside, you’ll have a masters from a U.S. school that will serve you long into the future. Plus you are electrical engineering and there’s always a need and desperate need now.  This is still the greatest land of oppor...

I recently answered the following question: "I had applied for my EAD in October, but yesterday received an update from USCIS on the website as Request For Initial Evidence Mailed. What could be the reason for this? And after responding, how much more time can it take for approval?"    ANSWER :    Pardon the corny humor, but RFE's can be "Naughty By Nature" (hey you know me). Sometimes they are issued just to give new USCIS employee experience! So it's important not to panic. It's first good to know what evidence it won't request. Whether or not you have secured the appropriate type of OPT employment will not yet be questioned. This is because securing an OPT job, or offer for job, is not required when submitting an initial application. As such, the RFE will likely focus on basic eligibility, such as questions about your education institution or whether you have enrolled in sufficient schooling. Timing is also an issue a...